How to Patent a Product in Indonesia

  • By:Kelvin Wibawa
  • 1 Comment

Patents in Indonesia are regulated under Law No. 13 of 2016 (New Patent Law) that replaced the previous Patent Law (Law No. 14 of 2001).

A patent is conceded for a time of 20 (twenty) years as from the documenting date though a simple (patent for one creation) is allowed for a time of 10 (ten) years. Patent holders must make their items in Indonesia; this is frequently required at giving openings for work or innovation move.

  • computer Programs; PC programs that have guidelines, critical thinking highlights, and specialized impacts are treated as developments and in this way are regularly patented.
  • Discoveries of different employments of Patents; a patent will not be conceded for the innovation (revelation) of a trade use for reported existing items or a substitution kind of a current exacerbate that shows no expansion in viability or change of synthetic structure of the current compound.

Patent Applications

An application ought to be recorded to the Directorate General of property and ought to be petitioned for one development in particular or numerous advancements that add to the solidarity of the creation. Creation is considered new if the machine isn’t an equal like any past divulgences.

The Application Should Contains;

The application structure recorded as a hard copy inside the Bahasa; Title of the creation; Claims contained inside the development; Written depiction and clarification of the innovation; Drawings and styles of the creation; The date, month, and year of utilization; The complete name and ethnicity of the innovator; The full location of the candidate and; Payment of support charge to the Directorate General of property (this is a yearly fee); Full name and address of the lawyer if the machine is documented through a lawyer.

Publication and Substantive Examination

If the necessities for the patent application are fulfilled, the Directorate General will appropriate the application in the official Patent Gazette or on a dissemination board just obliged such an explanation. Recollect about the patents fee

The Directorate General may require ace assistance or workplaces from other government workplaces to lead a significant evaluation. The important appraisal is driven by qualified patent examiners — the expert is given a position and settlement by the Minister of Law and Human Rights according to the transcendent rules. If the overseer reports show particular with the application, the Directorate General will encourage the contender to confine the report.

The dispersion will be accessible to the general society and any individual may give a made issue the noteworthy patent. The Directorate General of Intellectual Property will then instruct the applicant with respect to the patent who will be equipped to the present an explanation regarding the issue with the Directorate General. If the competitor doesn’t give any clarification or moves up to the application, the Directorate General will pull back the application.

Authorization of an Application

The Directorate General is obliged to support or decay the patent application no later than 30 (thirty) months from the date of receipt of the request. A clear patent is asserted no later than 10 (ten) months from the date of receipt of the request. If the results of the significant appraisal reason that the application is as per the new Patent Law, the Directorate General will give a Patent Certificate to the candidate.

Rejection of an Application

If the patent application doesn’t harmonize with what is managed in the new Patent Law, the Directorate General will give a Patent Certificate to the applicant.

here in foxip, we will guide you through the patent application process, inform you about maintenance fee, and even patent renewal. Do not hesitate to contact our professional lawyer team to help you through your problems.

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